Rambilash Yadav v. The State Of West Bengal

08.04.2024.

08.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 609 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.21 of 2023 arising out of Durgapur P.S. Case No.506 of 2023 dated 02.10.2023 under Sections 21(C)/25/29 of the NDPS Act.

In the matter of : Rambilash Yadav.

.... Petitioner.

Mr. Arnab Chatterjee, Ms. Dhanasree Biswas, Ms. Poulami Bose.

...for the Petitioner.

Md. Kutubuddin.

...for the State.

1.

Petitioner is in custody for 150 days. He contends no narcotics was recovered from his possession. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. No narcotics was recovered from petitioner. His complicity has transpired from statement of co-accused before police officer which is inadmissible in evidence.

4.

Under such circumstances, we are of the opinion he has been able to rebut statutory restrictions under Section 37 of the N. D. P. S. Act and may be enlarged on bail. 5.

Accordingly, the petitioner viz., Rambilash Yadav shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the N.D.P.S. Act, Asansol, Paschim Bardhaman subject to Signed By :

ALOK SETH High Court of Calcutta 9 th of April 2024 10:59:16 AM

condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

6.

In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7.

This application for bail is, thus, disposed of. (Prasenjit Biswas,J.) (Joymalya Bagchi, J.) Signed By :

ALOK SETH High Court of Calcutta 9 th of April 2024 10:59:16 AM